[xxxviii. 76]

1822 July 21.

Constitut. Code Rationale

Securities

6. Factitious honor - Exclusion of

?.5. Extravasated - its absurdities

1. Factitious honor extravasated - its peculiar evils.

1. In addition to peculiar wastefulness, do. absurdity.

2. Admitting it to be well seated when primarily seated, by extravasation the honor is rendered mis-seated: thereby matching with mis seated punishment.

3. Punishment and reward aptly seated when seated in the agent in question: unaptly-seated or say mis seated in so far as in any other.

4. Of misseated punishment the absurdity as well as atrocity is recognized by all not blinded by terror or terror-begotten prejudice: if any one besides the Agent, then all should be so dealt with.

5. Misseated is either

1. Vicarious -

2. Extravasated.

6. Absurd justification of misseated punishment: viz. extravasated. Much naturally so is unavoidable: therefore add factitious.

7. Inducements to the addition: 1 self-preservation: 2. rapacity, i.e. desire of depredation

8. Further cause of the propensity - principle of blind imitation: subject of imitation to God. Habitual to God is such misseated punishment: therefore so should it be to man. Apply this to medical practice.

9. Not irrelevant to reward is what is thus said of punishment. Waste of evil leads to waste of good: they belong to the same mind and the same form of Government: they spring from the same root: │   │ for those at whose expence it is made.

10. Vicarious reward too palpably absurd to be any where exemplified (Quere?) Extravasated, not: applied to factitious honor in particular.

11. Plea, if any, for factitious honor, extra meritorious service by the individual honored: in so far as the honor is extravasated, this plea is flagrantly false.

12. Applied to punishment, the extravasated part had a pretence, and even a portion of sufficient justification - Not so, when applied to reward in this shape.

13. Plea as applied to punishment, conduciveness of forfeiture to disablement and depredation.

Replication. For disablement, temporary expropriation sufficient: for deterioration of aptly seated punishment more is applicable than can be applied without being so plainly excessive, that by being uninflictible, it is rendered inoperative.